4.16 Sexual Misconduct Policy

I. Notice of Nondiscrimination

As a recipient of federal funds, Central Piedmont Community College is required to comply with Title IX of the Higher Education Amendments of 1972, 20 U.S.C. § 1681 et seq. (“Title IX”), which prohibits discrimination on the basis of sex in educational programs or activities, admission, and employment. The College does not discriminate on the basis of sex in its educational programs or activities, including in the context of admission or employment. Inquiries concerning the application of Title IX may be referred to the College’s Title IX Coordinator or to the U.S. Department of Education’s Office for Civil Rights.

II. Definition of Sexual Misconduct

“Sexual Misconduct” is broadly defined as any sexual behavior that creates an uncomfortable, unwelcomed, or hostile working or learning environment. Sexual misconduct includes, but is not limited to, sexual harassment, sexual assault, sexual exploitation, stalking, interpersonal violence, and any unwanted verbal or physical sexual attention.

A. Sexual Harassment

Repeated sexual attention in the workplace or in an educational setting that is unwanted by the person receiving the attention. Sexually harassing behaviors include unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature. Examples of sexual harassment include:

  1. Repeated requests for sex or dates;
  2. Sexually-oriented humor or language;
  3. Kissing sounds, whistling, or cat calls;
  4. Obscene phone-calls;
  5. Comments about sexual likes or dislikes;
  6. Comments about sexual behavior;
  7. Leering or ogling;
  8. Intrusive touching; and,
  9. Written communications.

B. Sexual Violence or Assault

Any unwanted sexual touch or attention, imposing one’s will upon another in a sexual manner, forcibly grabbing or touching, forcing another into submission, lack of consent in a sexual act, and rape.

C. Sexual Misconduct

Sexual Misconduct can occur among the following persons:

  1. Strangers or acquaintances, including people involved in an intimate or sexual relationship;
  2. Committed by men or by women; or,
  3. Between people of the same or different sex.

Please refer to the College’s Sexual Misconduct Procedures for detailed definitions of the capitalized terms above, including “Consent.”

III. Policy Statements

Central Piedmont Community College is committed to maintaining and strengthening an environment founded on civility and respect. The College is committed to providing programs, activities, and an educational environment free from sexual discrimination. To that end, the College prohibits Sexual Misconduct, as that term is defined above and by Exhibit B of the College’s Sexual Misconduct Procedures. Therefore, the College prohibits any form of sexual or other unlawful harassment involving any of its employees in the employment relationship or involving any of its students in the educational relationship.

Occasional compliments of a socially acceptable nature do not constitute sexual harassment, absent other compelling factors. Similarly, circumstances such as the nature of course materials, educational programs, or other educational activity will be considered before a determination is made that behavior in such a context is prohibited conduct. Furthermore, this Policy does not limit employees and students from reasonably and legally speaking to, discussing, presenting, teaching, assigning, and/or testing upon any material and subject that could be considered controversial.

IV. Overview of Policy

The College also is committed to fostering a community that promotes prompt reporting of all types of Sexual Misconduct and timely and fair resolution of Sexual Misconduct allegations. Employees, without any fear of reprisal, have the responsibility to bring forward any form of sexual or other unlawful harassment, whether by a co-worker, a student, or someone else encountered during the course of performing their job duties. Additionally, Students, without any fear of reprisal, are encouraged to bring forward any form of sexual or other unlawful harassment, whether by another student, a staff member, or someone else encountered during the course of their education at the College.

The College has appointed a Title IX Coordinator, established grievance procedures — the College’s Sexual Misconduct Procedures — for the handling of allegations of Sexual Misconduct, and developed Sexual Misconduct-related education and training programs.

The College’s Sexual Misconduct Procedures provide instructions and related information for the reporting of Sexual Misconduct, definitions of prohibited conduct, and information regarding resources available for victims of Sexual Misconduct. They also include procedures for the investigation and resolution of Sexual Misconduct allegations, and address disciplinary measures available for perpetrators of Sexual Misconduct.

This Policy and Central Piedmont Community College's Sexual Misconduct Procedures apply to any allegation of Sexual Misconduct made by or against a student or an employee of the College or a third party, regardless of where the alleged Sexual Misconduct occurred, if the conduct giving rise to the Complaint, and is related to the College’s academic, educational, or extracurricular programs or activities. The College’s disciplinary authority, however, may not extend to third parties who are not students or employees of the College.

Related Procedures

Changes

Changes approved by the Board of Trustees on May 6, 2020

Policy approved by the Board of Trustees on October 31, 2014

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